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Whitey Bulger’s attorneys appeal his conviction

PHILIP MARCELO
Associated Press

BOSTON (AP) — Former Boston crime boss James “Whitey” Bulger is appealing the federal conviction that sent him to prison for life last year, arguing that he was unable to fully present his defense.

Bulger, who’s 84, was convicted and sentenced on racketeering charges that tied him to 11 murders and other gangland crimes from the 1970s and ’80s.

In an appeal filed Thursday in the 1st U.S. Circuit Court of Appeals, Bulger’s lawyers Henry Brennan and James Budreau argue he was “deprived” of a critical defense in his trial: that a now-dead federal prosecutor had given him immunity from his crimes.

Bulger had been an FBI informant against the rival New England Mafia, which his lawyers say allowed him to avoid prosecution for almost 25 years while his Winter Hill Gang consolidated power and built a criminal enterprise that took in millions of dollars through drugs, gambling, loansharking and other illegal activities.

Bulger’s case ultimately became a black eye for the FBI and the basis for recent Hollywood movies after it was revealed that corrupt federal agents had accepted bribes and protected him over the years.

But, during the trial last year, Judge Denise Casper ruled Bulger couldn’t raise the immunity claim because he offered no hard evidence to support it. The judge also said prosecutor Jeremiah O’Sullivan, who died in 2009, didn’t have authority to grant such immunity.

This “constitutional error” affected the fairness of Bulger’s trial and must result in reversal, his lawyers wrote in their appeal.

“If Mr. Bulger had been permitted to testify about his immunity defense in his own words, then the jury would have the opportunity to weigh his credibility with that of the government’s witnesses,” they wrote. “… His testimony alone could have made a difference in the verdict.”

Bulger’s lawyers also argue they had been prevented from showing how the government’s plea deals with three key witnesses — a gangster, a hit man and a Bulger protege — “deeply inspired” the former associates to blame their boss for “any and all crimes, regardless of the truth.”

Bulger’s lawyers hone in on hit man John Martorano, who admitted killing 20 people but served only 12 years in prison in exchange for testifying against Bulger.

Bulger’s lawyers say they should have been allowed to explore allegations Martorano had been committing new crimes since his release from prison. Prosecutors have said the allegations had been investigated and found untrue.

Bulger fled Boston shortly before his 1995 indictment after being tipped off by a former FBI agent. He was one of the FBI’s most wanted fugitives for 16 years until his 2011 arrest in Santa Monica, California.

Following a 35-day trial, a federal jury last August found Bulger guilty of 31 of 32 counts, including racketeering, money laundering, extortion and firearms violations.

The jury also found prosecutors had proved Bulger participated in 11 of the 19 murders of which he was accused. Bulger was sentenced in November 2013.

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Associated Press writer Sylvia Wingfield contributed to this report.

Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Don’t Settle for Student Loans to Pay for Online Education

Online college programs are becoming a more popular choice for prospective students, with one study finding that more than 6 million students enrolled in at least one online course in fall 2015. The popularity of these courses can be attributed in part to their flexibility with working adults' schedules, students' ability to progress more quickly through online programs and, oftentimes, cheaper tuition. [See 10 low-cost online bachelor's programs for out-of-state students.]Online degrees can be beneficial to many college students, but some studies have shown online learners complete their programs at lower rates than students at traditional brick-and-mortar campuses. Individuals with student loans but no degree comprise two-thirds of defaulted borrowers. Though these numbers are not encouraging, just like for traditional programs, there are ways to reduce how much you'll need to borrow for an online program to ensure you won't become one of these statistics. 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But don't forget to take advantage of local organizations and your school's financial aid office. Both may offer scholarships that you can't find with a national scholarship search. [Review these 10 sites to kick off your scholarship search.]For instance, organizations like the Elks Club, Knights of Columbus or the Rotary Club typically offer scholarships annually to local students. Just because you're going to school online doesn't mean you're ineligible. Visit your local library for scholarship listings, and ask around town. You might be surprised how many local organizations offer scholarships. While these scholarships typically aren't large, every little bit counts. Each dollar you receive in a scholarship is a dollar you don't have to borrow and pay interest on. -- Work-study: Another option for online students may be work-study awards. 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If you're not working toward a credential, Pell Grants and work-study won't be option, but you may still be able to take advantage of private scholarships -- just be sure to read the eligibility criteria carefully. [Explore what to know about financial aid in online programs.]-- Pay as you go: One of the great benefits to enrolling online is the flexible schedule, which can allow you to complete your college coursework around your responsibilities. But prospective students often overlook using their part- or full-time job earnings as an option for paying for college. Almost 80 percent of college students in 2015 worked at least part time while attending classes, according to the National Center for Education Statistics. By budgeting and thinking strategically about your college costs, you can likely reduce your dependence on student loans by paying a portion out of pocket. 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